beta
(영문) 서울동부지방법원 2020.06.04 2018가합112381

부당이득금

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a company engaged in the business of leasing and operating goods and selective storage boxes, software development and supply, kisk, storage boxes, and wholesale and retail business. The Defendant is a public enterprise established mainly for the construction and operation of the Seoul Metropolitan Government Urban Railroad and the Ordinance on the Establishment and Operation of Seoul Urban Transport Corporation based on the Local Public Enterprises Act and the Ordinance on the Establishment and Operation of Seoul Urban Transport Corporation.

B. On February 13, 2012, the Defendant: (a) specified the place and quantity of installation as “143 square meters (the installation area: 451.5 square meters)” in order to select a business operator who installs and operates an unmanned storage box in the history of Seoul subway B-C Ho line; and (b) publicly announced the tender; (c) the Plaintiff was selected as a successful bidder in the bidding procedure and the Plaintiff was “the lease contract between the Defendant and the Defendant”.

The main contents of the terms and conditions of the lease agreement were as follows. Article 2 (Lease of Lease) - Installation Quantity: B-C Ho line 97 x 143 x 143 x 451 m2: Lease Area - Article 3 (Contract Period): From March 6, 2012 to June 5, 2017 (five years and three months) within 451 m2. The contract amount under Article 5 (including three months during the installation period) shall be the sum of KRW 6,732,00,000 (Won 6,732,000,000-off).

Article 6 (1) Rents shall be paid monthly, and one half of the contract price shall be paid by the last day of each month.

(2) B shall not pay the rent for the period of installation of a facility for the first three months during the term of the contract, but if a business is conducted within the period of installation of the facility, the amount calculated by adding the rent calculated on the basis of the date of commencement of business to the contract amount shall be additionally paid.

(3) The rent for less than a month shall be calculated on a daily basis, and the same shall also apply to the termination of a contract prior to the expiration of a lease contract.

(4) When calculating monthly rents, the rent of less than ten won shall be reduced.

(5) B shall have the object of lease during the contract period.